GOPAL KRISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 01.05.2003/03.05.2003 passed in Sessions Case No.41 of 2002, by which the Additional Sessions Judge, Ambala convicted the appellantGopal Krishan for commission of offence punishable under Section 304-Part II of Indian Penal Code, 1860 ('IPC' for short) and for commission of offence punishable under Section 323 IPC and sentenced him to undergo rigorous imprisonment for a period of seven years with fine of Rs. 1,000/-, in default of payment of fine, simple imprisonment for one month, and also rigorous imprisonment for a period of six months for commission of offence punishable under Section 323 IPC, the present appeal was filed by the appellant-Gopal Krishan.

(2.) This Court had earlier decided the present CRA-S-950-SB of 2003 vide judgment and order dated 10.09.2012 and had held that the appellant was guilty of causing simple hurt to Baldev Singh and also for giving push to Richpal Kaur-complainant. But then, the Supreme Court, in Criminal Appeal No.46 of 2014 filed by the appellant found that reversal of conviction under Section 304-Part II IPC was wrong and illegal. This Court having found the appellant guilty of offence under Section 323 IPC had also extended the benefit of Section 4(1) of the Probation of Offenders Act, 1958 and thus freed him.

(3.) That is how this appeal has come up before me now for fresh hearing and disposal.